2014 INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION SHADOW REPORT FROM INDIGENOUS WOMEN, DRAFTED BY CLADEM EL SALVADOR To be submitted to the Committee for the Elimination of Racial Discrimination in its 85º period of sessions, Geneva, August 2014. CONTENT Page PRESENTATION 1. NATIONAL CONTEXT RECOMMENDATIONS 2. ADOPTION OF LEGISLATIVE, ADMINISTRATIVE, AND OTHER MEASURES 3. INDIGENOUS WOMEN’S RIGHTS RECOMMENDATIONS 4. RIGHT TO PUBLIC HEALTH, HEALTH CARE, SOCIAL SECURITY AND SOCIAL SERVICES. Article 5 A. WOMEN’S HEALTH B. VIOLENCE AGAINST WOMEN RECOMMENDATIONS 5. RIGHT TO EDUCATION AND TRAINING. Article 5 and 7 A. LEGAL FRAMEWORK B PROJECTS AND PROGRAMS C SCHOOLING GRADE D BARRIERS TO ACCESS TO EDUCATION OF INDIGENOUS WOMEN AND CONSEQUENCES RECOMMENDATIONS INTRODUCTION CLADEM El Salvador submits its first shadow report before the Committee for the Elimination of Racial Discrimination in the 85º period of sessions, according to the General Recommendation 25, “The dimensions of racial discrimination related to gender”. This document aims to publicize the progress and outstanding omissions that the Salvadoran State has in the implementation of the CERD Convention from the perspective of human rights of indigenous women, in two specific areas: health and education. The methodology for the preparation of this report, included consultation and validation workshops with women from various parts of the country; mainly the towns of Izalco, Nahuizalco, Santo Domingo, Juayua, Paraiso de Osorio, Suchitoto, Panchilmalco, San Salvador, Santo Tomas, Ayutuxtepeque. The report is the product of the collective efforts of organizations and women in the context of respect and cooperation, who have built this critical view of compliance with the CERD Convention in El Salvador. 1. NATIONAL CONTEXT Current situation of indigenous peoples in El Salvador, is marked by the historical denial and violence towards this sector of the population; generating the loss of their identity and full capacity to exercise their rights. In addition, there is an extreme condition of poverty and marginalization that characterize the most disadvantaged sectors of the country1. Those who identify themselves or are identified as indigenous, generally live in rural areas, where economic conditions are worse in relation to urban areas. In 2011, the General Directorate of Statistics and Census of El Salvador (DIGESTYC) indicated that the level of rural poverty was 50.2% compared to 40.6% nationally. For 2012, the same source observed that in urban areas, poverty was 29.9% in contrast to rural areas, with 43.3%2. In the field of socio-economic indicators, the Special Rapporteur on the Rights of Indigenous Peoples, James Anaya, has expressed concern about the lack of disaggregated data to account for the economic and social situation of indigenous peoples in El Salvador. Particularly, he said, "The existing statistical data and information submitted to the Special Rapporteur indicate a situation of marginalization of indigenous peoples in comparison with the rest of the population (emphasis added)"3. 1 Report of the Special Rapporteur on the rights of indigenous peoples, James Anaya. June 25th, 2013, Summary, page 1. 2 DIGESTYC. Survey of Houses of Multiple Purposes 2012. Page 22. Consult document in: http://www.digestyc.gob.sv/index.php/temas/des/ehpm/publicaciones-ehpm.html 3 Report of the Special Rapporteur on the rights of indigenous peoples, James Anaya. June 25th, 2013, para. 42. For example, with regard to social security, a report of the World Bank in 2003 with various Salvadoran institutions, noted that at the time, only 3.2% of indigenous had social insurance, while 17% of Salvadorans in general already had this benefit4. In the same document, they explained that 61% of heads of household were engaged in agriculture; 18% is recognized as housewives, 6% are laborers; 2.8% are artisans; and other crafts consists of motorcyclists, porters, sugarcane cutters, etc…5. It should be clarified that this information is the most updated at this time. During his visit to El Salvador, the Special Rapporteur was informed about the situation in the village of El Amayito, in the canton of Azacualpa, Panchimalco Municipality, where indigenous people live in houses with plastic roof in miserable conditions. He also received information on six cantons in southern Panchimalco lacking drinking water, because the water of the area is sent to residential colonies of the capital, San Salvador. In these cantons, people have to walk more than two miles and wait in long lines to get water6. In the specific case of indigenous women, the double discrimination they face is reflected among other situations, in the enjoyment of their right to work. For example, many companies are reluctant to hire them because of their place of origin, physical appearance, age, and educational level. In addition, the jobs that indigenous women are engaged in their communities are mostly related to agriculture activities, domestic work, sales in the informal sector and making crafts. Source: Inputs from indigenous women participants in the consultation process for the preparation of CERD Shadow Report organized by CLADEM EL Salvador, May 2nd, 2014. Situation of Indigenous Women in El Salvador The situation of indigenous women is especially critical. The subordination of women to men is a common feature of the living conditions of all peoples, including indigenous. Indigenous and non-indigenous women, face the responsibility of being seen as mothers, wives, educators, and counselors on health, education and other aspects. They begin to live their "responsibilities" from a very early age; as girls, they not only prepare food but also carry water, firewood and assist in raising their brothers/sisters. They are responsible for the health, nutrition, and care of the family; they do not have any kind of social provision and often, are subjected to violence and humiliation. 4 World Bank. Perfil de los Pueblos Indígenas en El Salvador, 2003, page 38. The document can be seen in: http://wwwwds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2011/09/30/000020953_20110930140204/Re ndered/PDF/647480PUB0Portugese00PUBLIC0.pdf 5 World Bank, Ministry of Education, CONCULTURA and Indigenous Peoples from El Salvador. Perfil de los Pueblos Indígenas en El Salvador, 2003, page 30. 6 Report of the Special Rapporteur on the rights of indigenous peoples, James Anaya. June 25th, 2013, para. 13. They start their sex lives very early by joining or marrying a man. It is believed that more than half do so before age 19. Many of these women not only run the household by the lack of companion, but work to keep the family burden that usually exceeds the national average of five children, reaching up to twelve and more. The indigenous woman lives far from the social, economic, and political development of the country especially. Source: Consejo Coordinador Nacional Indígena Salvadoreño (CCNIS). Pueblos Indígenas, Salud y Calidad de Vida en El Salvador, 1999, page 16. Another aspect that has been observed by the CERD Committee, which is related to the historical debt by the Salvadoran State, is the remarkable difference in the figures for the ethnic composition of the country, derived from the results of the VI Population and Housing Census carried out in 20077. At that time it was established, that of all the 5’744,113 people in El Salvador, only 13,310 were counted as belonging to indigenous peoples, according to the following data: Indigenous Population Men Women TOTAL Nahua Pipil 1,704 1,835 3,539 Lencas 959 1,053 2,012 Kakawira (Cacaopera) 2,038 2,127 4,165 Otro 1,700 1,894 3,594 TOTAL 6,401 6,909 13,310 Source: Authors' calculations based on data from the V Census of Population, 2007. The 2007 census has been criticized for significantly underestimate the indigenous population in El Salvador and distort the breakdown of indigenous groups. The quantity and quality of the questions asked by the census are often cited as contributing factors to their inaccuracy8. The question in the census form that defined the belonging to an indigenous people was determined by skin color of the people and not by its self-definition9. The official figures, which concluded that 0.2% of the population is indigenous, are contrasted with research indicating that, of the 14 departments, 13 have communities that have a clear indigenous ancestry where ancient customs and traditions can be identified. The presence of ethnic groups clearly identified as indigenous in El Salvador requires a change in government policies towards minorities"10. 7 Committee for the Elimination of Racial Discrimination. Final Observations to the State of El Salvador, 77º Period of sessions, para. 12. 8 Report of the Special Rapporteur on the rights of indigenous peoples, James Anaya. June 25th, 2013, para. 6. 9 Procuraduría para la Defensa de los Derechos Humanos. Informe Situacional sobre los Derechos de los Pueblos Indígenas en El Salvador, January 2012, page 40. 10 Bunicef and Funproeib Andes. Atlas sociolingüístico de pueblos indígenas en América Latina. Cochabamba, 2009. Page 789. It will be up in 2017, when the category of indigenous and Afro-descendants will join the census questionnaire11. The geographical distribution of indigenous peoples in the country is as follows: Source: Ministry of Education of El Salvador The indigenous population in El Salvador is located in the following departments nationwide12: Nahua Pipil: Ahuachapán, Sonsonate, Santa Ana, La Libertad, San Salvador, Cuscatlán, La Paz, Chalatenango and San Vicente. Lencas: Usulután, San Miguel, Morazán and La Unión. Kakawira (Cacaopera): Morazán and at the north of La Unión. In contrast to the data identified in the late 90s, specifically for 1999, the Secretary for Indigenous Affairs of the Government of El Salvador13, approximately estimated 500,000 to 600,000 persons belonging to indigenous peoples14. Eight years later, the quantitative difference is significant. 11 Centro Latinoamericano y Caribeño de Demografía (CELADE)-División de Población y División de Asuntos de Género de la CEPAL.